Transparency and Disclosure

Oct 13, 2025 by talynt.org 9 views

Legal Protection of Users of Funding Services through Information Technology-Based Stock Offers (Equity Crowdfunding) Based on POJK Number 37/POJK.04/2018

Introduction

In recent years, the rapid development of the internet and information technology has revolutionized the financial industry, giving rise to innovative financing models such as Equity Crowdfunding. This financing model not only provides alternative sources of funds for companies but also opens opportunities for individuals to invest in various projects. However, the potential risks and challenges faced by users of this service should also be observed. Therefore, it is essential to understand the arrangement of Equity Crowdfunding activities in law in Indonesia and the legal protection available for users.

The Regulation of Equity Crowdfunding in Indonesia

Equity Crowdfunding service is regulated by the Financial Services Authority Regulation (POJK) Number 37/POJK.04/2018. This regulation provides a clear legal framework regarding the implementation and supervision of funding services. In the POJK, the rights and obligations are determined for service organizers and users, as well as the steps that must be taken to maintain transparency and security in each transaction. With this comprehensive regulation, it is hoped that users can feel safer and more comfortable in using Equity Crowdfunding services.

Key Provisions of POJK Number 37/POJK.04/2018

Transparency and Disclosure: The regulation requires service organizers to provide transparent and accurate information about the project, including the risks and potential returns.
Risk Management: The regulation emphasizes the importance of risk management and requires service organizers to have a clear risk management plan in place.
Dispute Resolution: The regulation provides a clear dispute resolution mechanism for users who feel disadvantaged.

Challenges and Opportunities

Despite the regulation, challenges remain. Some users may still feel doubtful about the security of their investment, especially if they do not have enough understanding of the mechanisms and risks involved in equity crowdfunding. Therefore, the OJK (Financial Services Authority) needs to be more active in providing education to the community, especially to prospective investors and entrepreneurs who want to use this platform. Appropriate education can help increase public knowledge, so they can make better decisions related to investment.

Legal Protection of Users

From a legal perspective, protection of Equity Crowdfunding users includes various aspects, ranging from the transparency of information that must be provided by the organizer, to the dispute resolution mechanism in the event of a problem. In this case, it is essential for the OJK to facilitate the formation of special dispute resolution institutions for cases that arise in the fintech sector. With this institution, users who feel disadvantaged can have a clear channel to submit complaints and get justice.

Conclusion

In conclusion, although equity crowdfunding brings many benefits, attention to the legal protection of users is very important. All stakeholders, including regulators, service providers, and the community, must work together to create ecosystems that are safe and beneficial for all parties. Through clear regulations and continuous education support, it is expected that Equity Crowdfunding can develop in a healthy and sustainable manner. Thus, users of this service can participate more confidently, and in the end, encouraging innovation growth in various industrial sectors.

Recommendations

Based on the analysis, the following recommendations are made:

Enhance Education and Awareness: The OJK should be more active in providing education to the community, especially to prospective investors and entrepreneurs who want to use this platform.
Strengthen Dispute Resolution Mechanism: The OJK should facilitate the formation of special dispute resolution institutions for cases that arise in the fintech sector.
Monitor and Supervise: The OJK should closely monitor and supervise the activities of service organizers to ensure compliance with the regulation.

By implementing these recommendations, it is expected that Equity Crowdfunding can develop in a healthy and sustainable manner, providing benefits to all stakeholders involved.
Frequently Asked Questions (FAQs) about Legal Protection of Users of Funding Services through Information Technology-Based Stock Offers (Equity Crowdfunding) Based on POJK Number 37/POJK.04/2018

Q1: What is Equity Crowdfunding?

A1: Equity Crowdfunding is a financing model that allows individuals to invest in various projects or companies in exchange for equity or ownership. It is a type of crowdfunding that provides alternative sources of funds for companies and opens opportunities for individuals to invest in various projects.

Q2: What is POJK Number 37/POJK.04/2018?

A2: POJK Number 37/POJK.04/2018 is a regulation issued by the Financial Services Authority (OJK) that provides a clear legal framework regarding the implementation and supervision of funding services, including Equity Crowdfunding.

Q3: What are the key provisions of POJK Number 37/POJK.04/2018?

A3: The key provisions of POJK Number 37/POJK.04/2018 include:

Transparency and Disclosure: Service organizers must provide transparent and accurate information about the project, including the risks and potential returns.
Risk Management: Service organizers must have a clear risk management plan in place.
Dispute Resolution: A clear dispute resolution mechanism is provided for users who feel disadvantaged.

Q4: What are the challenges and opportunities of Equity Crowdfunding?

A4: Despite the regulation, challenges remain. Some users may still feel doubtful about the security of their investment, especially if they do not have enough understanding of the mechanisms and risks involved in equity crowdfunding. Therefore, the OJK needs to be more active in providing education to the community, especially to prospective investors and entrepreneurs who want to use this platform.

Q5: What is the legal protection of users of Equity Crowdfunding?

A5: From a legal perspective, protection of Equity Crowdfunding users includes various aspects, ranging from the transparency of information that must be provided by the organizer, to the dispute resolution mechanism in the event of a problem. In this case, it is essential for the OJK to facilitate the formation of special dispute resolution institutions for cases that arise in the fintech sector.

Q6: What are the recommendations for the development of Equity Crowdfunding in Indonesia?

A6: Based on the analysis, the following recommendations are made:

Enhance Education and Awareness: The OJK should be more active in providing education to the community, especially to prospective investors and entrepreneurs who want to use this platform.
Strengthen Dispute Resolution Mechanism: The OJK should facilitate the formation of special dispute resolution institutions for cases that arise in the fintech sector.
Monitor and Supervise: The OJK should closely monitor and supervise the activities of service organizers to ensure compliance with the regulation.

By implementing these recommendations, it is expected that Equity Crowdfunding can develop in a healthy and sustainable manner, providing benefits to all stakeholders involved.